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HomeMy WebLinkAbout04-19-88 . e e MINUTES OF THE CITY COMMISSION MEETING HELD APRIL 19, 1988 The meeting was called to order by Mayor Ison at 8:10 p.m. and COMmi.sioner Hager led in prayer and pledge to the flag. PRESENT. Mayor Ison, Commissioners Johnson, Dabbs, Bateman and Hager, City Attorneys Rosenthal and Woodson, City Engineer Kelley, City Manager Ryan, City Planner Wagner, and City Clerk Catron. ABSENT. None PRESENTATIONS AND PROCLAMATIONS The Charter Revision Committee Meeting Minutes of and the Planning and Zoning Board Meeting Minutes of were presented for their information. 3-24-8S 3-22-S8 ProclaMation sa-ee, Law Day U.S.A. Mayor Ison proclaimed May 1, 1988 as Law Day U. S. A. City of Ocoee. in the Mayor Ison reported on the parade and opening cereMony for the West Orange Girls Club that took place last Saturday. H. also complimented City Manager Ryan and Commissioners Hager, Bateman and Dabbs for the good game they played and for helping defeat the City of Winter Garden. APPROVALS - CONSENT AGENDA Commissioner Bateman moved to approve Items A through I on the Consent Agenda, Commissioner Hager seconded and the motion carried unanimously. The iteMS approved on the Consent Agenda were as follows: A - Regular ComMission Meeting Minutes of 4-05-88, B - Workshop ComMission Meeting Minutes of 4-05-8S, C - Workshop Commission Meeting Minutes of 3-08-88, D - Special Session Commission Meeting Minutes of 3-08-88, E - Proposed Ord., Crawford Rezoning, First Reading, F - Proposed Ord., Sanders Rezoning, First R.ading, G - Proposed Ord., PUD, First Reading, H - ReappointMent to P & Z Board - J. Linebarier (3 yr terM) and I - Reappointment to P & Z Board - P. Bond (3 yr term). City Manager Ryan read the titles of the proposed ordinances for first reading (Crawford Rezoning, Sanders Rezoning, and the PUD Ordinance). OLD BUSINESS SPECIAL STAFF REPORTS City Engineer - TOM Kell.y Request Approval for Change Order for Star Contractors City Engineer Kelley explained that Star Contractors were doing the Lake Moxie/Peach drainage improvements proJect. 1 - -- ---:; -- e e Page 2 City Commission M..ting Apr i I 19, 1988 The change order was needed due to the increased hauling distance for the excess excavated material which was directed by City Staff. The additional amount requested was $11,206.50 and the amount originally contracted was $12,000.00. City Manager Ryan explained that contracts approved per unit price were not necessarily brought back before the board, but since this was a substantial amount of money, Staff felt it should be brought before the board. He stated they had sufficient funds to cover the cost and the monies would be broken down between wastewater and Bowne.. Road ProJect. Commissioner Dabbs moved to approve the change order as outlined, Commissioner Bateman seconded and the motion carried unanimously. Presentation on Revised Cost EstiMate Bownes. Road and South C.ntral Drainag. Engineer Kelley reported that the updated cost estimate for the Bowness Road proJect currently totaled .809,393.00, this included the intersection improvements on KissimMee, Bownes. and Maguire. City Manager Ryan explained that this was only one component of the overall Two Million Dollar Bond ProJect. Engineer Kelley stated that there were approximately 19 draiYlage basins in the City of Ocoee and the South Central Drainage Basin contained 160 acres. He reported that after discussion with Orange County Staff and the St. Johns River Water Management District, it was determined that maJor detention pond volume would have to be provided by the City to achieve necessary permits for the improvements to the basin. He felt the detention volume could be accomplished by using a portion of the new ditch, acquiring two parcel. adJacent to the ditch and installing ponds on the 1.16 acre Stucki parcel on Bluford and on part of the vacant "Roper" tract Just south of Geneva (approximately 5 acres). He reported that total cost for the primary elements of this program would be $1,013.324. with only a portion of this program attributable to the Road Bond ImproveMents Program. A funding mechanism could be established to implement the program in the future. He recommended the City move ahead with the first phase of the improveMents to the drainage basin by acquiring the entire railroad grade and adJacent easements, and the Stucki tract; constructing ditch improvements north of Geneva; COMpleting Maguire/Story intersection improvements; and enclosing the ditch along Geneva between Maguire and the railroad grade. The estimated cost for this first phase of iMprovements was $462,475. Mayor Ison asked the City Attorney to check into the possibility of the City reserving property/right-of-way for future retention pond use. City Manager Ryan proposed that the portion of the proJect that went with Bowne.s Road be done and then the impact from development could pay for later 2 e Page 3 City Commission Meeting Apr i I 19, 1988 construction. Attorney Rosenthal Appraisals would have to be updated and need to be set with the property owner. in favor of pursuing the purchase of the stated the Stucki then a meeting would The Commission was Stucki property. Engineer Kelley asked the ComMission if they had any questions on the continuing proJects. Mayor Ison asked when the Bowness Road proJect would be ready for bid and Mr. Kelley stated that they were ready to bid the proJect. Attorney Rosenthal stated that he had attended a meeting last week with Tiger Paw counsel and our appraiser, Walter Carpenter, for the purpose of addressing the appraisal. He had given direction to Mr. Carpenter to listen to their counsel and adJust the appraisal only if he felt changes needed to be made. Mr. Rosenthal stated that he had not received a response from Mr. Carpenter at this time as to the outcome because he was out of town. He stated there were several proposals on the table at this time and he should know soon if it would be a voluntary purchase or if the City would have to go through condemnation proceedings. Mayor Ison asked that we place the approval for bid for Bowne.s Road ProJect on the 5-3-88 Agenda. e Engineer Kelley stated that a meeting had been scheduled Friday at City Hall with the Florida Department Transportation Representative. in order to discuss McKey/Bluford drainage probleMS. on of the Engineer Kelley reported that a meeting had been held for proposed developers regarding the Clark Road alignment and they had received input from the affected developers. Mr. Kelley said they did not anticpate any problems with this proJect except at Highway 50 and letters would be sent to the County, the State and the Expressway Authority regarding plans for Clark Road. Mayor Ison asked that correspondence be sent to the Expressway Authority in order to explain our plans for the proJect and to coordinate the intersection of Clark Road with Highway 50. City Manager Ryan asked for a rough timetable for reservation of Clark Road right-of-way and Mr. Kelley stated it would take 60 to 90 days. Mayor Ison requested that Mr. Kelley do a flow chart/timetable for the proJect. e The Sewer Capacity Reservation Sale was held and approximately 20 representatives/property owners attended the meeting. Engineer Kelley reported that he had shown theM the Master Water Plan and the plan to offer sewer service including the backbone of the system. The systeM did not go South of Highway 50 and this was a concern of Mr. Jackson representing the Heller Development. Mr. Kelley said they were doing a study to determine the feasibility of going 3 e Page 4 City COMMission M..ting April 19, 1988 south of Highway 50. Follow-up Agenda for City Engi~~ City Manager Ryan explained the new format for the Follow-up Agenda. The Follow-up Agenda had be.n separated according to department. Mr. Kelley had reported on all of the items on the follow-up. Special Staff Reports - City Plan~r - Russ Wagn~ e Report on Continuing ProJects - R. Wagner Planner Wagner explained they had been working with the Postal Service in order to request postal delivery for all of the residents in the Joint Planning Are.. He reported that according to a survey conducted by City Staff, approximately 90 Orange County residents would be impacted by this proposed change. The Postal Service requested that a survey be conducted of the.e residents in order to ascertain if they were in favor of the change to the Ocoee Mailing address. Mr. Wagner showed the COMMission a map which depicted the current postal delivery of Ocoee, Winter Garden, City of Orlando and rural Orlando. Mr. Wagner stated that the survey could be done by City Staff or by a private firM at a cost of approximately .2,500.00. There was some discussion by the COMmission about the Many residents of the City of Ocoee that do not receive their Mail from the Ocoee Post Office. Mayor Ison, with the concurrence of the City Commission, asked COMMissioner Dabbs to contact our State Legislators regarding this probleM and City Staff to proceed with the survey. He asked that it be completed by the next meet i ng. PUBLIC HEARINB AND SECOND READINB ORDINANCE 88-8S, AMENDING BIBN ORDINANCE (FOR HEIBHT) Mayor Ison explained that a First Reading had been held on March 15, 19S5 for the proposed ordinance. He explained it was for the purpose of amending the requirement on the height of signs. City Manager read the proposed ordinance by title only for the Second Reading and Mayor Ison opened the Public Hearing. There being no comMents, the Public Hearing was closed. Commissioner BateMan moved to approve Ordinance SS- 05, Commissioner Hager seconded and the motion carried unanimously. e OTHER BUSINESS CONSULTING ASREEMENT WITH LANBTDN (CITY ATTORNEY) Attorney Rosenthal explained that they had a new signed agreeMent in front of them that had two change.. One change was on page 2 and changed the date of the agreement frOM 4 . Page 5 City COMMi..ion Me.ting Apr i I 19, 1988 March 15, 1988 to May 1, 1988 and the other had to do with deleting the language that referred to being Judged on results not records. City Manager Ryan and City Atto~ney Ro.enthal recommended approval of the contract. Commi.sioner Bateman recommended approval of the contract per the attorney's cOMments, COMmissioner Hager seconded and the motion carried unanimously. e YOUNBBLOOD CONTRACT (CITY ATTORNEY) Attorney Rosenthal stated that the agreement had been executed by Mr. Youngblood with an addendum that there would no additional improvements on Washington St~eet during the lifetime of Mr. Youngblood's Mother. The COMmission a.ked for a clarification on the portion of Washington Street that was being referred to in the contract. Atto~ney Rosenthal stated that it would be spelled out specifically in the contract. City Manager Ryan .tated that they might not need the reverter clause at this tiMe since the Commission did not have a present use for the property. Since it stated "fo~ her lifetime", it could be for a long tiMe. He stated that they could hold off on the deal as the Youngblood. have wanted to sell the land in the past and could offer it again in the future. The Commission felt they could utilize the land at some time in the future. Commis.ioner Bateman moved to approve the contract with Mr. Youngblood with the amendMent as stipulated by the City Attorney, Commissioner Johnson seconded and the motion carried unanimously. FOREST OAKS WATER WELL . ARDAMAN & ASSOCIATES INCREASE FEES (JOHN CCD<RELL) John Cockrell explained that on June 16, 1987, the City Commission authorized the expenditure of .2,500 to ~etain the firm of Ardaman & Associate. for technical assistance on the Forest Oaks Water Well *1. It had now been determined that additional Monies we~e necessary to perforM and monitor pump tests, and to collect, analyze and interpret the data. Mr. Cockrell recomMended the City Commission authorize an additional expenditure not to exceed $5,000.00 to ArdaMan and Associates and in return, they would ensure that all tests were being conducted properly and accurately. They also would summarize the results and give ~ecoMmendations for further action. Mr. Cockrell said that WilliaM Lichtler, Senior Hydrogolist with Ardaman & Associates, was present to answer any questions they might have. The ComMission was concerned about the Forest Oaks Water Well and asked if the bond with the former developer would cover this cost. Mr. Ryan explained that we needed evidence to substantiate ou~ claims when we went to the bonding company. Attorney Woodson reported that a Certified Lette~ had been sent to Wayne Rich with a copy to the bonding company regarding the 5 ,- . e e Page 6 City COMMission ~tinD April 19, 1988 status of the Forest Oaks Water Well. Mayor Ison asked what the credentials were for Mr. Lichtler. Mr. Lichtler explained that he had spent 30 years in this field, with 16 of those years in Florida and 11 of those years with Orange County. Mayor Ison also asked if they would be commenting on the physical construction and the workManship/deficiencies and Mr. Lichtler stated that they would be commenting on those items. He also explained that Layne Atlantic would be doing the actual installation of the test pump and his firM would be reporting on the results/recommendations. ComMissioner Johnson moved to approve the extension of the contract with Ardaman & Associate. as recommended in the St a ff Report,. Comm i ss i oner Dabbs seconded and t he mot ion carried unanimously. PROPOSAL FROM LAYNE ATLANTIC CO. (JOHN COCKRELL) Mr. Cockrell explained that after receiving bids frOM three companies on costs for pulling the well, Layne had been recommended to perform the Job by our consulting engineers. He explained that the flow from the East Well *1 before being pulled was approxiMately 650 gallons per minute versus the design flow of 1100 gallons per minute. He stated that depending upon the outcome of the testing, a new pump or modification of the existing pump may need to be done or a l"lew well may l"leed to be dri lied. Mr. Cockrell recoMmended the approval of the expenditure of funds not to exceed $2,200.00 for the test pumping of the East Well *1 Forest Oaks Water Plant. Mr. Cockrell explained that they would not be doing the TV Survey of the Well as outlined in the proposal, this left $1,800.00 with an additional $400.00 added for any problems, thus the reason for the $2,200.00. Mr. Askey, of the firM Layne-Atlantic, expressed his concern elver the "not to exceed" fi gure and wanted them to understand that if the scope of work changed, the cost would be more because they were working on an hourly rate. After discussion by the Commission, the consensus was to leave the proposal at the $2,200.00 figure. ComMissioner Dabbs moved to approve the funding not to exceed $2,200.00, ComMissioner Johnson seconded. Mr. Larry Burns, District Manager for Layne Atlantic, stated that the reason they did not want the "not to exceed" was if the well did not stabilize, they could adJust so they could pUMp until it stabilized. The Commission did not want to change the proposal. The motion carried unanimously. CHANGE ORDER FOR W. O. TRANSMISSION LINE (RAY BRENER) Ray Brenner, Acting Public Works Director, asked the ComMission to consider issuing a change order in the amount of $49,903.00 to the W. O. Transmission System ProJect to build a permanent master lift station and receive a credit for the aMount of $13,984 which were Monies allocated to 6 e Page 7 City COMMi..ion Meeting April 19, 1988 rebuild the existing Wet Well. He stated that both staff and P. E. C. concurred that the existing Wet Well did not have the capacity that wa. nece.sary to accomModate future growth. He also explained that it would be an upgrade to the collection sy.tem and would service the proJected build out of an Industrial Park without additional iMprovements. It al.o would be built to Florida Department of Environmental Regulation design (rules). The final contract price would be $35,919.00 for the change order, this reflects the $49,903.00 for the lift station, minus the credit of $13,984.00 from the W. O. Transmission ProJect. COMmissioner Bateman moved to approve the building of the new lift station with a funding of $35,919.00, Commissioner Dabbs seconded and the motion carried unanimously. COMMENTS FROM CITIZENS/PUBLIC e R. P. Mohnacky, 1820 Prairie Lake Blvd., Ocoe., addressed the Commission on several is.u.. a. follows: The impact on schools caused by growth, try to get grants for funding on some of the road proJects, asked if they could straighten out the curves on Silver Star Road w~en that area was developed and asked for water quality improveMent. RECESS. 10.30 P.M. CALL TO ORDER. 10.55 P.M. NEW BUSINESS e PRELIMINARY ANNEXATION PETITION REVIEWS - RUBS WABNCR Plann.r Wagner .xplained that these 12 annexation petition. were part of the new 1988 proc.... They were before the Commission for preliminary review and Mr. Wagner pointed all of the properti.s out on the map. He explained that IteM 5, Case No. 07A-8S, was outside the Joint Planning Area and wa. pending the change of the Joint Planning Area. He also stated that Items 8, 9 and 10 ( Case Nos. 10A-88, llA-88 and 12R-8S) were asked to be held in abeyance by the developer until the rezoning. Planner Wagner reported that the Planning and Zoning Board had reacted favorably to all the petitions except they were opposed to holding ca.es in abeyance. Mayor I.on questioned why the Planning & Zoning Board was opposed to holding the annexations in abeyance. Planner Wagner stated that it was a new concept to them and although they did not obJect to the annexations, they were concerned with holding theM in abeyance. Mayor Ison a.ked Attorney Rosenthal to look into the matter in order to ensure that we were doing the process correctly and to .ake sure the procedures were what the ComMi.sion establi.hed. Attorney Ro.enthal stated they needed to ensure that everyone 7 . Ie e Page S City COMMis.ion M..ting April 19, 1988 was treated fairly. The Commission then reviewed the proposed annexations as follows. Case 03A-SS, Moremen, Sheppard, Murray & Davis - No probleMs or comments Case 04A-SS, E. H. Crow, Jr. & Ann ComMissioner Dabbs asked if this was outside Planning Area and Planner Wagner stated that it they were playing a "game of tag" with the Authori ty. Case 0~A-S8, C. Roger Freeman, Trustee - No problems or comments Case 06A-SS, comMents Case 07A-SS, Phoenix Development Group - The larger parcel was located outside the Joint Planning Area and would not be approved until the Joint Planning Area Agreement had been changed. Case 0SA-SS, G. Steve Stanley - There were no probleMs with this case, but it was questioned whether Ca.e 09A-8e should be scheduled for approval first prior to this case. It was agreed that Ca.e 09A-SS should be approved prior to Case 0SA-SS. Case 09A-SS, 0SA-88. Case 10A-SS, Lake Lotta Ltd. The Commission had no probleM with the annexation of the property but questioned holding it in abeyance until the rezoning to the PUD. City Manager Ryan stated that the developer's rezoning plans were consistent with the Comprehensive Land Use Plan. Mayor Ison asked that the Comprehensive Land Use Color Maps be distributed to the Commi.sion so they could review the different proposed land uses. Case llA-SS, Jeffrey Yeager, Trustee - This property was subJect to the annexation of the tract to the west (10A-as>, and was to be held in abeyance upon rezoning. Case 12A-aS, Davis, Ogilvie, Pitchford - This property also was subJect to the annexation of the tract to the north (11A-aS), and was to be held in abeyance upon rezoning. Case 13A-SS, ReforMed Presbyterian Church This property was also contingent upon the annexation of case 10A- 8S. Case 14A-aS, City of Ocoe. Road Right-of-way - These road rights-of-way adJoin existing parcels located within the City. B. Crow the Joint wa. not but Expres.way C. Roger FreeMan No problems or Geraldine L. Scott - See Comments on Case REPORTS AND INFORMATION - CITY MANABER Follow-up Agenda City Manager Ryan explained that Staff had exchanged information with Florida Community Service. and they hoped to have the inforMation available .s .oon as possible. The a e Page 9 City COMMi..ion ~ting April 19, 1988 Public Hearing for the Cable TV proposal from Telesat had been scheduled and advertised for May 17, 1988 at 7145 p.m.. CITY ATTORNEY e Utility COMMi..ion for Drainage Retention Pond. Attorney Woodson explained they could either establish a special asseSSMent district or a stormwater utility. He stated that his recommendation was more of a request. He recommended they establish the drainage basins and identify the problems. He stated that our consulting engineer had done the first step by establishing the basins and the next step would be to identify the probleMS and what needed to be done. They could either have a consultant make a presentation or working with the attorney could go through the Request for Proposal Process. As far as funding, the special asseSSMent district could be done quicker. They also could pas. an ordinance and tax everyone within the City a small amount of tax in order to pay for the drainage of retention ponds. City Manager Ryan asked how the ComMission would like them to proceed. Mayor Ison suggested that where the City had retention ponds built by the developer that a special taxing district be set up to handle those. He also suggested the possibility of using a portion of ad valoreM taxes for drainage. The general consensus of the COMmission was to use taxing districts as a way of funding the upkeep/maintenance of the retention ponds. Commissioner Bateman brought to their attention the fact that there was no subdivision to be taxed with the drainage problem along McKey/Bluford. . Drainage PerforManee/Maintenance Bond for Subdivi.ion. with Lake IMpact Attorney Woodson explained that the city currently required a bond or guarantee that would cover all roads and drainage improvements which would be dedicated to the City for a period of one year after completion of construction. This bond included drainage improvements which could have impact on adJacent lakes. He stated that they Might want to consider extending the length of time on the bond or make stricter requirements. Mayor Ison asked if we could bond the stormwater for lakes for a period of 3 years and Attorney Woodson stated that we could, but there was a question of how you would measure the drainage probleM. Mayor Ison suggested we start with the 5 lakes within the City that had no development at this time. Attorney Woodson stated that we could but he asked them to consider the staffing and ordinances it would take when we had a Water ManageMent District that was supposed to take care of the.. problems for the City. Mayor Ison asked that they check on the bonding, modify our existing ordinances and contact the St. Johns 9 . e e Page 10 City COMMission "-eting April 19, 1988 River Water Management District. Report on Continuing ProJ~ts for City Attor~ Attorney Rosenthal stated that they had been working on a draft of an occupational license ordinance and had one in- hou.e and that a work se.sion wa. needed in order to identify how they wanted to handle the performance review contract for the City Manager. They had not had a chance to work on the Sign Ordinance. COMMENTS FROM COMMISSIotERS COMMissioner Hager thanked City Staff for having the trees cut down around the lake. He .sked Chief Boyd to check into the stop sign at Taylor and Franklin as people were not obeying the stop sign. COMMissioner Bateman had no comMents. Commissioner Dabbs had no comMents. COMmissioner Johnson had no comments. Mayor Ison stated that he Scout Troup 198 and they could go to SUMMer camp. on the agenda for the next had received a letter from Boy wanted to work for monies.o they He asked that this iteM be placed ComMission Meeting. The meeting adJourned at 12108 ...m'~Le ^ . ---------------~------ MAYOR ATTEST: CITY CLERK 10